Vijayakumar.K vs District Collector
2021 Latest Caselaw 6259 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA,
                           1942

                   WP(C).No.3784 OF 2021(W)


PETITIONER:

              VIJAYAKUMAR.K
              AGED 48 YEARS
              S/O.KALIMUTHU, K.S.BHAVAN, NALLATHANNI
              PUTHUVAL KOLAHALAMEDU, ELAPPARA, IDUKKI

              BY ADVS.
              SRI.C.S.MANILAL
              SRI.S.NIDHEESH
              SHRI.ACHUT M NAIR

RESPONDENTS:

     1        DISTRICT COLLECTOR, IDUKKI
              COLLECTORATE, PAINAVU P.O., 685 603

     2        THE REVENUE DIVISIONAL OFFICER
              IDUKKI DISTRICT 685 602

     3        THE TAHASILDSAR
              LAND ASSIGNMENT, PEERMADE, IDUKKI 685 602.



              R BY SMT A.C.VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 22.02.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
                                 -2-
WP(C).No.3784 OF 2021(W)

                             JUDGMENT

The petitioner, who is stated to be in possession and

enjoyment of 3.92 Acres of land in Sy.No.212/1 of Elappara

Village, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus

commanding the 1st respondent District Collector to consider

and pass orders on Ext.P13 revision petition filed against

Ext.P12 order of the 2nd respondent Revenue Divisional Officer,

Idukki within a time limit to be fixed by this Court with a

further direction to keep in abeyance the eviction proceedings

pursuant to Exts.P10 and P12, till a decision is taken on

Ext.P13 revision.

2. On 15.02.2021, when this writ petition came up for

admission, the learned Government Pleader sought time to

get instructions.

3. Today, when the case is taken up for consideration,

the learned counsel for the petitioner would submit that the

petitioner mistakenly filed Ext.P13 revision before the 1 st

respondent, invoking the provisions of Section 16 of the

WP(C).No.3784 OF 2021(W)

Kerala Land Conservancy Act, challenging Ext.P12 appellate

order of the 2nd respondent Revenue Divisional Officer, which

is one issued under the provisions of Rule 21 of the Kerala

Land Assignment Rules, 1964. Therefore, the petitioner seeks

permission to withdraw this writ petition, without prejudice to

his right to challenge Ext.P12 order before the appropriate

forum.

Recording the above submission made by the learned

counsel for the petitioner, this writ petition is dismissed as

withdrawn; without prejudice to the aforesaid right of the

petitioner.

Sd/-

ANIL K.NARENDRAN, JUDGE AV/23/2

WP(C).No.3784 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 12.8.2015.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.3.2013

EXHIBIT P3 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 25.3.2013

EXHIBIT P4 TRUE COPY OF THE REPORT, MAHAZAR AND SKETCH SUBMITTED BY LAND ASSIGNMENT SURVEYOR.

EXHIBIT P5 TRUE COPY OF THE LETTER OF THE TAHASILDAR DATED 29.11.2017

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 25.1.2018.

EXHIBIT P7 TRUE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 11.9.2018

EXHIBIT P8 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 25.1.2018

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP.(C) N0.2160/19 DATED 24.1.2019.

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 21.10.2019.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)NO.3078/2020 DATED 5/2/2020

EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 8/1/2021

EXHIBIT P13 TRUE COPY OF THE REVISION PETITION BEFORE THE 1ST RESPONDENT DATED 16.1.2021 AND RECEIVED ON 18/1/2021.